Linh is a student at Harvard Law School.
The wait for Glacier Northwest v. Teamsters is over. In a 5-3-1 opinion, the Supreme Court ruled that a concrete supplier may sue its employees in state court for “foreseeable and imminent” damage to property as a result of a strike. The strikers, Justice Barrett wrote, did not “take reasonable precautions to mitigate” the damage to the employer’s property and conducted the strike in a way “designed” to destroy the concrete. Such activity, according to the Court, is not arguably protected under the NLRA, thus the employer’s tort suit in state court should have been allowed to go forward. In her dissent, Justice Jackson criticized the Court for engaging in “difficult line-drawing questions” that Congress clearly intended for the NLRB to resolve. The majority, Justice Jackson wrote, did not give enough credence to the complaint issued by the Board’s General Counsel against Glacier Northwest.
Unite Here Local 11 is asking 15,000 of its members working in hotels across Los Angeles and Orange counties to authorize a strike during the height of tourist season to jump-start contract negotiations. Existing contracts are expiring at the end of June at sixty-two hotels in Southern California. A strike authorization vote would, the Union hopes, move negotiations along and force hotel operators to take workers’ need for pay increases seriously. Negotiations would also address concerns of understaffing and implementation of further protections for California hotel workers in light of the upcoming World Cup and Olympics.
Several worker organizations, including the Farmworkers Association of Florida, are urging local businesses to join an immigrant labor strike on June 1 to protest Florida’s new Republican-backed immigration law, Senate Bill 1718, which takes away many protections currently afforded to undocumented immigrants. These protections include access to social and medical services at Medicaid-accepting facilities as well as the ability to get driver’s licenses. Senate Bill 1718 also levies heavy penalties on businesses who violate new employment mandates involving employment of undocumented immigrants. The new law is scheduled to take effect on July 1, 2023.
After two years of contract negotiations, FedEx has reached a tentative agreement with its air delivery pilots, who had voted in favor of a strike earlier this month seeking higher pay. At the vote, 99% of 6,000 FedEx Express pilots, represented by the Air Line Pilots Association (ALPA), voted in favor of a strike should FedEx continue to refuse to compromise in pay negotiations, which had been going on since May 2021. Exact terms have yet to be announced by FedEx or the ALPA.
Daily News & Commentary
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September 16
In today’s news and commentary, the NLRB sues New York, a flight attendant sues United, and the Third Circuit considers the employment status of Uber drivers The NLRB sued New York to block a new law that would grant the state authority over private-sector labor disputes. As reported on recently by Finlay, the law, which […]
September 15
Unemployment claims rise; a federal court hands victory to government employees union; and employers fire workers over social media posts.
September 14
Workers at Boeing reject the company’s third contract proposal; NLRB Acting General Counsel William Cohen plans to sue New York over the state’s trigger bill; Air Canada flight attendants reject a tentative contract.
September 12
Zohran Mamdani calls on FIFA to end dynamic pricing for the World Cup; the San Francisco Office of Labor Standards Enforcement opens a probe into Scale AI’s labor practices; and union members organize immigration defense trainings.
September 11
California rideshare deal advances; Boeing reaches tentative agreement with union; FTC scrutinizes healthcare noncompetes.
September 10
A federal judge denies a motion by the Trump Administration to dismiss a lawsuit led by the American Federation of Government Employees against President Trump for his mass layoffs of federal workers; the Supreme Court grants a stay on a federal district court order that originally barred ICE agents from questioning and detaining individuals based on their presence at a particular location, the type of work they do, their race or ethnicity, and their accent while speaking English or Spanish; and a hospital seeks to limit OSHA's ability to cite employers for failing to halt workplace violence without a specific regulation in place.